Get 1 year of free community web site hosting from Community123.com!
Tuesday, April 13, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Alternative to trash collection contract
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
AnnaJ1
(Maryland)

Posts:55


04/02/2021 11:41 AM  
We are a community of 245 single family homes. Right now, each homeowner selects and pays for their own trash collection. There has been talk of the HOA assuming responsibility for trash collection in the neighborhood. I'm not really for this, because homeowners who pay their assessments in a timely manner will bear the burden of paying for delinquent accounts. I think a better way would be to negotiate a "bulk price" for homeowners, tell them what it is, and tell them to sign up individually. Our bylaws state nothing about utilities. Doing it this way is kind of murky to me. Has anyone approached trash collection this way before?
MichaelS56
(Minnesota)

Posts:161


04/02/2021 12:36 PM  
Garbage collection is part of the monthly assessment that an owner pays. Our management company negotiates a contract with a company for a two years.
AnnaJ1
(Maryland)

Posts:55


04/02/2021 12:46 PM  
Hi Michael, thanks for your reply. In our HOA, trash collections currently is not part of the assessment. Nothing in our bylaws says it should be. Just trying to get around footing the bill for the 8-12 percent of homeowners who tend to stay delinquent.
NpS
(Pennsylvania)

Posts:4143


04/02/2021 12:55 PM  
One question I have is what's your objective?

Do you want to leave owners with the option to still use other trash companies? Or do you want everyone to use the same company?

Another question is - How are the rates going to be different? If everyone pays their own way and can switch at any time to another contractor, you are not going to get the same pricing benefit you would if everyone used the same contractor and the HOA paid.

One motivation for getting everyone to switch is that you can probably improve curb appeal by restricting the number of days that trash will be at the curb and trucks will be driving through. But that's only valuable if you care about such things.




Sikubali jukumu. Read all posts at your own risk.
AnnaJ1
(Maryland)

Posts:55


04/02/2021 1:14 PM  
NpS, there are a couple of objectives:

1. To shut the homeowners up who whine/complain that the HOA doesn't provide this.

2. Potentially save homeowners money. We have a quote that looks like it is less than what alot of the neighborhood pays. But, a few homes just plop their trash into their pickups and drive it to the dump themselves weekly. They would object to trash collection. So, yes, ultimately I want to leave the option open.

CathyA3
(Ohio)

Posts:1746


04/02/2021 1:36 PM  
We moved trash collection from individual accounts to part of the monthly assessment many years ago. No complaints whatever.

Not only did it lower costs overall (reduced the per unit cost by 2/3), it also limited collection to one day per week (had been two). This made for better community aesthetics, less congestion on our narrow streets, and less wear and tear on those streets.

Things that may make an association not do this:

* The governing docs don't allow it (ours specifically allow utilities to be included in the assessment, so no change was needed).

* The community has a problem with delinquent accounts (we have very few). You can point out to the whiners and complainers that they will probably be footing the bill for the deadbeats, and are they OK with that?



NpS
(Pennsylvania)

Posts:4143


04/02/2021 1:43 PM  
Cool. You identified 2 groups. One that will be unhappy if you do something. One that will be unhappy if you don't.

In your shoes, I would want to make sure that there is no expectation from the members other than cutting the original deal.

If the deal is good enough, you're on safe ground. If not, you will continue to hear from the complainers.

Sikubali jukumu. Read all posts at your own risk.
JohnC46
(South Carolina)

Posts:10817


04/02/2021 2:11 PM  
Anna

I would suggest you leave it as it is. If neighbors want a bulk discount, let them band together and do it. I do not see it as a BOD issue and I assure you not everyone will be happy so best leave it as is.
KerryL1
(California)

Posts:7949


04/02/2021 3:24 PM  
Anna. I believe it's your CC&Rs were you'd find who is responsible for what utilities, etc. (Not your Bylaws.)
KerryL1
(California)

Posts:7949


04/02/2021 3:25 PM  
Anna, I believe it's your CC&Rs where you'd find who is responsible for what utilities, etc. (Not your Bylaws.)
AnnaJ1
(Maryland)

Posts:55


04/02/2021 7:16 PM  
Thanks for the input everyone!
CathyA3
(Ohio)

Posts:1746


04/03/2021 5:13 AM  
Posted By KerryL1 on 04/02/2021 3:25 PM
Anna, I believe it's your CC&Rs where you'd find who is responsible for what utilities, etc. (Not your Bylaws.)




Actually, we had a reference to utilities in our bylaws (I had to read through our documents three times before I found it, was starting to think that I'd dreamed it up).

The language states that including utilities in the assessments may provide an unfair advantage for some owners and an unfair disadvantage for others. This would be the case for things like water (people living alone subsidize couples and families) but not the case for trash collection (which is a per-household charge).
KellyM3
(North Carolina)

Posts:1673


04/03/2021 9:20 AM  
I'd say the HOA should stay out of any trash collection contracts IF trash service was known need at the time of the community's creation. I'd be confident that the HOA was created with this in mind.

If, say, your community was created at a time when there was municipal trash and it ended, then you'd have a point of conversation.
WilliamC21
(New Jersey)

Posts:1


04/10/2021 9:21 AM  
Just curious, what is the range of $$$ for trash collection. We pay $300/year for twice a week trash pickup (town wide) plus once a week recycling pickup.
JohnC46
(South Carolina)

Posts:10817


04/10/2021 12:38 PM  
Where I live in central SC, private, once a week home trash pickup is $58.38 every 2 months ($350.28 per year), and they provide a large, rolling trash container. I think once a week recycling is included but I do not recycle.
NpS
(Pennsylvania)

Posts:4143


04/10/2021 2:01 PM  
Private. Trash 1x/wk. Recycle 1x/wk. $15/unit/mo. Less than 100 units.

Sikubali jukumu. Read all posts at your own risk.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Alternative to trash collection contract



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement